The National Association of Legal Assistants (“NALA”) adopted
the following definition

in 1986:

A legal assistant or paralegal is a person qualified by
education, training or work experience, employed or retained by a lawyer, law office,
corporation, governmental agency or other entity, and performs specifically delegated
substantive legal work for which a lawyer is responsible.

The American Bar Association (ABA) adopted the following
definition in 1997:

Legal assistants, also known as paralegals, are a
distinguishable group of persons who assist attorneys in the delivery of legal services. Through
formal education, training and experience, legal assistants have knowledge and expertise
regarding the legal system and substantive and procedural law, which qualify them to do work of
a legal nature under the supervision of an attorney.

Pursuant to California Business & Professions Code § 6450 (a):

A paralegal is a person who holds himself or herself out to be a
paralegal, who is qualified by education, training, or work experience, who either
contracts with or is employed by an attorney, law firm, corporation, governmental
agency, or other entity, who performs substantial legal work, under the direction and
supervision of an active member of the State Bar of California, as defined in Section
6060, or an attorney practicing law in the federal courts of this state, that has
been specifically delegated by the attorney to the paralegal.

Similar to the terms attorney and lawyer, the terms legal
assistant and paralegal are used interchangeably. Under California Business & Professions Code §
6454, the terms “paralegal," “legal assistant," “attorney assistant," “freelance
paralegal," “independent paralegal," and "contract paralegal" are synonymous.

According to the National Association of Legal Assistants (NALA),
National associations, bar associations, legislatures and supreme courts
have addressed the definition of legal assistants and paralegals. Similarities in
the identification and duties of legal assistants are emerging with routine consistency. The
common threads in these definitions include:

Legal Assistants/Paralegals:

1) have received specialized training through formal education
or many years of experience;

2) work under the supervision and direction of an attorney; and

3) perform non-clerical, substantive legal work in assisting an
attorney

A Certified Legal Assistant/Paralegal (CLA or CP) is a person
who has met qualifying criteria established by the National Association of Legal
Assistants, Inc. and who has successfully completed the voluntary comprehensive two-day
Certified Legal Assistant Examination (CLA) offered by the National Association of Legal
Assistants (NALA). A Certified Legal Assistant/Paralegal Specialist is a CLA or CP in
good standing who has successfully completed the CLA Specialty Certifying Examination
in a particular area of law. Those who have successfully completed a formal course of
study through a paralegal school or program are “certificated” not “certified.” The CLA
and CLA Specialist are certification marks duly registered with the U.S. Patent and
Trademark Office (No. 113199 and No. 1751731 respectively). CP (Certified Paralegal)
is a certification mark also filed with the U.S. Patent and Trademark Office (No.
78213275).

It is important for paralegals and their employers to understand
that certification is the process by which a non-governmental agency or association grants
recognition to an individual who has met certain predetermined qualifications
specified by that agency or association. It is a voluntary process and not a mandatory
precedent to identification with a particular career field. Examples of voluntary certification
programs administered by professional associations include the Certified Public
Accountant program, the Trial Specialist certification of the National Trial Advocacy Board,
the Certified Life Underwriters program, Project Manager Certification, and the
Certified Legal Assistant program.

The CLA exam is a voluntary professional certification. It is
not a mandatory precedent to identification with a particular career field. Hiring trends
and minimum qualifications differ from jurisdiction to jurisdiction. In California, the
educational requirements and qualifications of paralegals are set out in Business &
Professions Code 6450, et seq.

According to the National Association of Legal Assistants (NALA),
earning the CLA or CP designation provides tangible benefits. The CLA or CP, CLA
Specialty, and CAS credentials are important professional designations. The CLA
examination has over 1000 questions and measures the knowledge and skills of individuals
at a specific time in their career. The continuing education requirements insure the
continuing validity of the credentials. All CLAs or CPs must submit proof of continuing
education. In 1986, the chair of the American Bar Association Standing Committee on
Legal Assistants recognized the CLA designation as a "certification of higher
professional achievement."

The designation has been formally recognized in many states as well, including Texas,
Florida, and Louisiana. The CLA has become the national standard of professional achievement and is
cited in textbooks for the paralegal profession, in guidelines for utilization of paralegals, adopted
by state bar associations and supreme courts, and in cases involving recovery of paralegal fees. For
more information about the Certified Legal Assistant/Paralegal program, please visit NALA’s website
athttp://www.nala.org.

In 2000, Assemblywoman Marilyn Brewer authored AB 1761, which is
a public protection bill that defines paralegals and legal assistants as
persons with certain educational background who work under the supervision and
direction of attorneys.

AB 1761 also provides that all paralegals in California must
participate in continuing legal education and provides for penalties for those who use the
title paralegal without complying with the provisions of the bill. AB1761 has been
codified at Business and Professions Code Section 6450 et seq.

Business and Professions Code § 6450, et seq. does not establish
a state agency to regulate paralegals. This law dictates the qualifications and
functions of paralegals in California, but it falls short of regulation. For instance, the
law does not require licensing or certification by a state agency nor does it require
registration of paralegals with a state or local government entity. The law does not establish a
governing body, mandate competency testing or moral character investigations, and it
does not create an ethics code, disciplinary system, or reporting system for paralegals.
Penalties for violation and civil liability are the only enforcement mechanisms.

However, Business and Professions Code § 6450 (d) does mandate
continuing education and paralegals should maintain their continuing education
certificates in their firm’s personnel file with a duplicate file in their possession.
Paralegals should also make sure their credentials are in the organization’s personnel file.

Certification is a
voluntary form of regulation. A process by which a non-governmental agency or association grants recognition to an individual who
has met certain predetermined qualifications specified by that agency or
association which usually involves passing an examination created by the organization or
certifying agency.

Certification should not be confused with the term
“Certificated.” A person who has completed a formal course of study through a paralegal school or
program and received a certificate of completion or diploma is “certificated.” A person
who graduates from such a program is not certified. The National Association of Legal
Assistants (NALA) offers the Certified Legal Assistant/Paralegal Program that is
nationwide and the California Advanced Specialty Examination that is state specific. Once
these examinations are passed, a paralegal is certified and can use the designations “CLA,”
“CP” and “CAS.”

Licensure is a mandatory
form of regulation. A process by which a governmental agency issues a license for a person who has met predetermined
qualifications to engage in a given occupation and/or use a particular title or grants
permission to institutions to perform specific functions. The primary purpose of licensing is
to demonstrate proficiency for entry into a profession with minimal competency
defined by the legislature. Licensing is a mechanism for public consumer
protection. It is mandatory and maybe revoked, suspended, or limited.

Registration is a less
rigid form of regulation that involves the filing of specific identified information with a governmental body for purposes of
monitoring, control, and recourse. Registration may be either voluntary or mandatory. The
purpose of registration is to provide identification of members in a given
profession. Certain minimum qualifications are often defined within the registration
process.

Under Business & Professions Code § 6450 (c), a paralegal shall
possess at least one of the following:

(1) A certificate of completion of a paralegal program approved
by the American Bar Association.

(2) A certificate of completion of a paralegal program at, or a
degree from, a postsecondary institution that requires the successful
completion of a minimum of 24 semester, or equivalent, units in law-related courses and that
has been accredited by a national or regional accrediting organization or approved by the
Bureau for Private Postsecondary and Vocational Education.

(3) A baccalaureate degree or an advanced degree in any subject,
a minimum of one year of law-related experience under the supervision of an
attorney who has been an active member of the State Bar of California for at least the
preceding three years or who has practiced in the federal courts of this state for at least
the preceding three years, and a written declaration from this attorney stating that the person
is qualified to perform paralegal tasks.

(4) A high school diploma or general equivalency diploma, a
minimum of three years of law-related experience under the supervision of an attorney
who has been an active member of the State Bar of California for at least the preceding
three years or who has practiced in the federal courts of this state for at least the
preceding three years, and a written declaration from this attorney stating that the person
is qualified to perform paralegal tasks.

• Four hours of general or
specialized legal education every two years; and

• Four hours of legal ethics
every two years.

There is no mechanism for reporting or monitoring compliance
with this requirement.

Paralegals and their supervising attorneys must certify
compliance, but the paralegals are responsible for maintaining records of the certifications. The California Alliance of Paralegals (CAPA) provides a sample compliance log to track continuing education units at www.caparalegal.org

Per Section 6070 only courses offered by the State Bar of
California, approved MCLE providers are recognized when considering MCLE credit hours
earned. If accredited by the State Bar of California, the following are permitted:

• Audio/Videotape CLE

• Online CLE

• Satellite and Teleconference
CLE

• In-house Education

• University/College Courses

• Self-study education

• Out-of-State CLE activity

When considering a continuing education program, consider the
educational objective.

The objective should be clearly stated in the program
promotional materials and describe more than the general topic of the seminar. It should explain
what you will learn and whether the presentation is intended as an introduction to the
subject matter or as a more in depth discussion on specific areas of law or bodies of
knowledge. If it is a specialized legal topic, the presentation should be designed to advance the
skills of a paralegal/attorney currently working in that specific field of
law. Also, consider whether the program covers both theory and practical skills. Will there
be supporting documentation in the form of written materials or books provided
as part of the program?

Is the faculty composed of paralegals and/or attorneys from your
local area? Are the faculty members experienced in the practice area?

No. Under Business & Professions Code § 6450 (a), paralegals
work under the direction and supervision of active members of the State Bar of California
or attorneys practicing in the federal courts of California.

Under Business & Professions Code § 6450 (b), a paralegal shall
not do the following:

1) Provide legal advice.

2) Represent a client in court.

3) Select, explain, draft, or recommend the use of any legal
document to or for any person other than the attorney who directs and supervises the
paralegal.

4) Act as a runner or capper, as defined in Sections 6151
and6152.

5) Engage in conduct that constitutes the unlawful practice of
law.

6) Contract with, or be employed by, a natural person other than
an attorney to perform paralegal services.

7) In connection with providing paralegal services, induce a
person to make an investment, purchase a financial product or service, or enter a
transaction from which income or profit, or both, purportedly may be derived.

8) Establish the fees to charge a client for the services the
paralegal performs, which shall be established by the attorney who supervises the
paralegal's work. This paragraph does not apply to fees charged by a paralegal in a contract to
provide paralegal services to an attorney, law firm, corporation, governmental
agency, or other entity as provided in subdivision (a).

Internships during school are an excellent way to get some
experience. Temporary work assignments are also a good way to get some experience and gain
contacts and resources that provide long-term benefits. Many jobs are still found by
word of mouth. Networking is a great way to meet the practicing paralegals in your area.
These paralegals will know of immediate openings and can help guide you while looking for
your first job. Do not underestimate the benefits of job fairs. At one such fair, you
can hand out your resume to numerous placement agencies. You can talk to the people at the
agencies about how to improve your resume and interviewing techniques, current hiring
practices, and current job openings. You can also meet and talk to other people who are
looking for jobs or currently practicing as paralegals.

If you do not meet the minimum experience and/or educational
requirements for your geographical area, you may need to start in a non-paralegal
position. Do not let this get you down. Many of us start at the bottom. Also, do not forget to
tell potential employers about any prior work experience in other industries. Regardless
of your past position or industry, you learned and developed many professional skills
that may supplement your legal education and training and provide added benefit to your
potential legal employer.

Many positions in business and government involve the
interpretation and application of legal principles, as well as the ability to write and perform
research. This is where the job growth in the profession is occurring. While these jobs may not
be listed under "paralegal" in the want ads, the job functions and
responsibilities often require legal knowledge, organizational skills, and analytical and judgment
skills. Today, some form of government regulator or policy affects almost every business.
Survey the businesses in your area and target positions likely to benefit from your legal
experience and training.

If you are looking for your first job, you may find the Riley
Guide helpful at http://www.rileyguide.com/

Current trends across the country, as illustrated through
various surveys, indicate that formal paralegal education has become a requirement to secure
paralegal employment. A four-year degree is the hiring standard in many markets.
Consequently, Legal Assistant Management Association (LAMA), the National Association of Legal
Assistants (NALA), the American Association for Paralegal Education (AAfPE),
and many local paralegal organizations recommend that future practitioners have
a four-year degree to enter the profession. For more information about educational
standards for paralegals, please go to the AAfPE website at http://www.aafpe.org/.

The American Bar Association has a program of approving legal
assistant training programs, which meet their guidelines. Seeking ABA approval is
voluntary on the part of the institution. Some quality programs have chosen not to seek
approval. However, the ABA guidelines are useful in evaluating a program. For further
information about the ABA guidelines, contact the American Bar Association, Standing
Committee on Legal Assistants (SCOLA), 750 N. Lake Shore Drive, Chicago, IL 60611
or visit SCOLA’s website at http://www.abanet.org/legalservices/legalassistants/home.html

The website of the American Association for Paralegal Education
(AAfPE) also provides helpful information, including a roster of member institutions
and a Statement of Academic Quality adopted by the AAfPE membership in October of
1997. AAfPE website is at http://www.aafpe.org/.

Some employers will hire only graduates from an ABA approved
paralegal program. A Directory of Colleges offering Paralegal programs approved by
the American Bar Association (ABA) is located at http://www.paralegalcolleges.com.

Legal Document Assistants are regulated by California Business &
Professions Code § 6400, et seq. Under § 6400(c), a legal document assistant is any
person who is not exempt under Section 6401 and who provides, or assists in
providing, or offers to provide, or offers to assist in providing, for compensation, any
self-help service to a member of the public who is representing himself or herself in a
legal matter, or who holds himself or herself out as someone who offers that service
or has that authority. The code section does not apply to an individual whose assistance
consists merely of secretarial or receptionist services.

Under Business & Professions Code § 6400 (d), "Self-help
service" means all of the following:

(1) Completing legal documents in a ministerial manner, selected
by a person who is representing himself or herself in a legal matter, by typing or
otherwise completing the documents at the person's specific direction.

(2) Providing general published factual information that has
been written or approved by an attorney, pertaining to legal procedures, rights, or
obligations to a person who is representing himself or herself in a legal matter, to assist the
person in representing himself or herself. This service in and of itself, shall not
require registration as a legal document assistant.

(3) Making published legal documents available to a person who
is representing himself or herself in a legal matter.

(4) Filing and serving legal forms and documents at the specific
direction of a person who is representing himself or herself in a legal matter.

A Legal Document Assistant is not the same as a Paralegal.
Pursuant to Business & Professions Code §6401(b), a paralegal does not have to register
as a Legal Document Assistant (LDA) while acting on behalf of a member of the State
Bar. In California, a Paralegal must meet minimum education requirements and maintain
continuing education units while a Legal Document Assistant is not subject to such
requirements. Under Business & Professions Code § 6450 (e), a paralegal does not
include a nonlawyer who provides legal services directly to members of the public, or a
legal document assistant, or unlawful detainer assistant as defined in Section 6400.

Business & Professions Code § 6450 (f) requires legal document
assistants to remove the word "paralegal" from their business name the next time they
renew their LDA registration. This provision expires on January 1, 2004. Under
6450, it is unlawful for persons not qualified under the statute to identify themselves
as paralegals in ads, or on cards, letterhead, signs and the like. Business cards must have
the name of the employing law firm or a statement that the paralegal is employed or
retained by a lawyer. If either of these provisions is violated, the person may be charged with an
infraction punishable by fines up to $2500 as to each consumer for the first offense.
Second and subsequent violations can bring misdemeanor charges with fines and/or
county jail up to one year.

The code also provides for restitution to the victim.

No person who has been disbarred or suspended from the practice
of law pursuant to Article 6 (commencing with §6100) of Chapter 4 of the Business
and Professions Code shall, during the period of any disbarment or suspension,
register as a Legal Document Assistant (see §6402).

Under Business & Professions Code § 6404, the fees for
registering are $175.00 in each county of registration. In addition, under § 6405, a bond of
twenty-five thousand dollars ($25,000) shall accompany an application for a certificate of
registration executed by a corporate surety qualified to do business in this state and
conditioned upon compliance with this chapter. The total aggregate liability on the bond
shall be limited to twenty-five thousand dollars ($25,000).

Under section Business & Professions Code § 6400 (a), an
Unlawful Detainer Assistant is any individual who for compensation renders assistance or advice
in the prosecution or defense of an unlawful detainer claim or action, including any
bankruptcy petition that may affect the unlawful detainer claim or action.

"Unlawful detainer claim" means a proceeding, filing, or action
affecting rights or liabilities of any person that arises under Chapter 4
(commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure and that
contemplates an adjudication by a court.

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